Proposed Liability Clause Samples
The Proposed Liability clause defines the extent to which each party is responsible for losses, damages, or claims arising from the agreement. Typically, it sets out the limits of liability, such as monetary caps or exclusions for certain types of damages, and may specify circumstances under which liability is accepted or denied. This clause is essential for allocating risk between the parties and providing clarity on financial exposure, thereby helping to prevent disputes over responsibility if issues arise during the contract's performance.
Proposed Liability. The amount of administrative civil liability proposed is based on consideration of factors contained in Water Code section 13385, subdivision (e) and the Enforcement Policy, which specifies the factors that the Regional Water Board shall take into account in establishing the amount of discretionary liability for the alleged violations. These factors include the nature, circumstance, extent, and gravity of the violations; the Discharger’s ability to pay, ability to continue in business, prior history of violation, degree of culpability, and economic benefit or savings, if any, resulting from the violations; and other matters as justice may require.
Proposed Liability. Based on consideration of the above facts, after applying the Enforcement Policy penalty methodology as set forth in Exhibit A, the Assistant Executive Officer of the Regional Water Board proposes that civil liability be imposed administratively on the Discharger in the amount of $3,060,700.
Proposed Liability. The Assistant Executive Officer of the Regional Water Board proposes that administrative civil liability be imposed in the amount of $753,000, of which $2,600 is for the recovery of staff costs incurred thus far. The Exhibit A attachment (incorporated herein by this reference) presents a discussion of the factors considered and the values assessed to calculate the proposed liability in accordance with the Enforcement Policy and Water Code section 13327. The proposed liability is more than the minimum liability and less than the maximum liability allowed for the alleged violation. March 17, 2015 ▇▇▇▇▇▇ ▇▇▇▇▇▇ Date Assistant Executive Officer Attachment: Exhibit A: Factors Considered in Determining Administrative Civil Liability OG Property Owner, LLC - ▇▇▇▇▇▇ Project March 17, 2015 Administrative Civil Liability Complaint R2-2015-1003 The State Water Resources Control Board Water Quality Enforcement Policy (Enforcement Policy) establishes a methodology for assessing administrative civil liability. Use of the methodology addresses the factors required by Water Code sections 13327 and 13385(e). Each factor in the Enforcement Policy and its corresponding category, adjustment, and amount for the alleged violation is presented below.
Proposed Liability. The Assistant Executive Officer of the Regional Water Board proposes that administrative civil liability be imposed in the amount of $176,000, of which $10,800 is for the recovery of staff costs incurred thus far. Exhibit A (incorporated herein by this reference) presents a discussion of the factors considered and the values assessed to calculate the proposed liability in accordance with the Enforcement Policy and Water Code section 13327. The proposed liability is more than the minimum liability and less than the maximum liability allowed for the alleged violation. ▇▇▇▇▇▇ ▇▇▇▇▇▇ Assistant Executive Officer Digitally signed by ▇▇▇▇ ▇▇▇▇
Proposed Liability. The total liability to resolve all the violations described in Exhibit A. Item 12 of this Revised Proposed Order is $20,000. The following provides the basis for this liability assessment.